DiNozzo vs Gibbs - Back In The Basement
by Gail Cregg
Summary: Gibbs withholding information from DiNozzo leads to a revealing conversation with Tim and a confrontation that's been a long time coming. Set around the end of season 8. Character piece in two chapters.
1. Chapter 1

_A/N. This is starts around the time of the season 8 episode Dead Reflection after Tim finds out about E.J._

* * *

As McGee and DiNozzo work at their desks in the darkening squad room Tim darts the occasional not-too-furtive glances at his colleague.

"Spit it out McQuisitive." Tony stops typing and turns towards Tim.  
"Huh?" Tim stops typing and tries but totally fails to look confused by Tony's comment.  
"I'm a _very_ special agent and I know you want to say something so, what is it?"  
"You're _really_ sleeping with agent Barrett?" McGee refocuses on his computer screen.  
"Haven't we already discussed this enough?"  
Tim turns to face him. "Actually, no. You announced it, said Gibbs was giving you grief and then we entered the building. That is nowhere near _enough_ of a discussion of you breaking one of Gibbs' rules and dating a colleague especially since..."

"Take a breath McHet-up. Especially since what?"  
"Ah. Nothing."  
"That is not a _nothing_ face probie. It is a _something_ face. Come on, tell me."  
"I don't think anyone is meant to know. Although I guess Gibbs does becuase he knows everything and it would explain his attitude."  
"If no-one is meant to know then how come you do?"  
"I did a little digging when E.J. started here. Gibbs was acting kinda strange, Ziva's ninja senses were tingling, you seemed interested and well...I like to know who I'm working with." He looks a little shamefaced to have been caught digging into a colleague's life.

"It's okay Tim. That curiosity is what makes you such a good agent. What did you find?"  
"If you're dating her you probably already know and if you don't then you _should_ know that she's SecNav's niece."  
"Oh. No, I didn't know."  
"Oh."  
Tony smiles. "I can understand why she'd want it kept secret..nepotism claims.. and we haven't been dating that long..." He stops speaking as another thought occurs to him. "But Gibbs...why wouldn't he..."  
"He didn't tell you this when he talked to you about her?"  
"No. Just did the whole _my_ team _my_ rules routine." DiNozzo sighs.

"You are his senior field agent. He should _not_ be keeping things from you."  
"Looks like I'm going back to the basement."  
"Are you sure that's a good idea?"  
"Probably not but...a man's gotta do what a man's gotta do right?" DiNozzo grins but it is clear his heart's not in it.  
"Yeah."  
With that they return to their work.


	2. Chapter 2

_A/N. The premise of this fic is that the end of season 8 proceeds as in canon with the hunt for the port to port killer, SecNav Jarvis giving him the special assignment etc. but Tony now knows about E.J. I needed to 'borrow' a few lines from the season final to explain the time progression._

* * *

Squad Room. A short time later.

Tim shuts down his computer, gathers his gear and heads towards the elevator calling over his shoulder as he does so. "Goodnight Tony."  
"Night."  
After waiting there a moment he walks back to the bullpen and drops his bag in front of Tony's desk.  
"Sorry I didn't tell you when I found out."  
"It's okay Tim. E.J. obviously wants it kept confidential and you respected that. I respect that."  
"Still teams should not have secrets and if I knew you were seeing her...Is it serious?"  
"Too early to tell. She's easy to talk to. We laugh a lot, have a lot in common."  
"She's good for you." Noticing his friend's brow furrowed in puzzlement McGee continues to explain. "Ever since she arrived you've been different."  
"Different?"  
" _Good_ different. Smiling more. More relaxed. Happier than you've been in a long time maybe even since Jeanne."  
"That's true. " Tony nods. "Except now Gibbs has been getting on _her_ case as well as mine and it's getting..."  
"Complicated?"  
"Yeah." Tony frowns. "E.J. doesn't seem to mind Gibbs lecturing her so I don't know why _I_ do...it's almost worse than him lecturing me I mean I'm used to it...now even Ziva's getting involved..."  
"What did he say to E.J.?"  
"Asked her straight out if she's sleeping with me. Told her he doesn't trust her and to stay away. She took it amazingly well once she'd calmed down but was a little shook up when she told me."  
"I don't blame her. How did she respond to him?"  
"Apparently she laughed and reminded him there's no policy against it . She's feisty. I _really_ like that about her." Tony smiles.  
"What did Ziva do?"  
"When we on stake-out the other night she was telling me I should talk to Gibbs. Practically 'ordering' me to. I thought now she's got a boyfriend she might stay out of my personal life. Wishful thinking I suppose. We are partners." He grins.  
"Back to the basement."  
"Huh?"  
"Earlier you said you had to go _back_ to the basement. Did you take Ziva's advice and talk to Gibbs?"  
"I did." He face tells his friend all Tim needs to know about how it went. "I tried to explain how I feel about E.J., how there's no agency rules against it...he just shut me down...all that my team/my rules stuff...offered a scrap of praise in that he relies on me but he wouldn't listen... then Abby called."

"It's not right!" Tim's angry exclamation startles Tony out of his reliving the discussion and back to the present day. "You are his senior field agent Tony and E.J. is a team leader. He should not be interfering in either of your personal lives unless it affects your work and I've seen no sign of that. You've been a little distracted but so what? It happens to all of us occasionally. Too many late nights or when we're on a long case."  
"Thanks probie. Playing devil's advocate here I guess the bossman thought dating the SecNav's niece would inevitably lead to problems...maybe nepotism claims rubbing off on me and my career."  
"Then he should have told you that straight out. Treated you like an adult and the senior agent on his team and not like a two year old needing to be told when to take a nap."  
They fall silent a moment thinking.  
"It wouldn't and it doesn't change anything."  
"Huh?"  
"If she told me, he told me, you told me or I knew from some other source. I'm not going to stop seeing E.J. just because she's related to SecNav and I still would have started seeing her if I knew beforehand."  
Tim gives a wide smile. "Good for you. E.J. can't change who she's related to. So, that only leaves one problem."  
"Gibbs. How can I be his senior field agent or on his team if he doesn't trust me enough to tell me something he thinks is important?"  
"I dunno but we're not going to solve this tonight."  
"We?" Tony smiles at Tim.  
"The boss might forget sometimes but we _are_ a team. Shut that thing down and let's go get a bite to eat, maybe a drink."  
"I'm in." They leave the squad room together.

Two nights later.

Gibbs contiunes working on a piece of wood as Tony comes down the stairs into the basement then stands across the bench from him.  
"I know Boss."  
"Know _what_ exactly?" He puts down the tool he's been working with.  
"Why you don't want me sleeping with E.J. She's SecNav Davenport's niece."  
"Who told you?"  
"Not important." DiNozzo shrugs.  
"It's important to me. That is classified information. Not to be circulated within the agency."  
"Cut the crap!" Tony glares at Gibbs then picks up the tool and tosses it across the room. "This is not about classified information it's about _you_ , your need to control everything, your assumption that there's only one way to do things and that's your way. Maybe about E.J. being given the case lead too. Sure you've more experience than all of us..you're old school... but that doesn't mean you're always right."  
"Are you done?"  
"No. I'm your senior field agent Gibbs. You trusted me enough to leave me in charge when you left. I stood aside when you came back..."  
"Your choice."  
"And I don't regret it but after all these years, all we've been through together, Kate's and Pacci's deaths...the cases...hell I even saved your life once..." Tony places his hands on the bench feeling more tired than he ever has before.  
"Your point DiNozzo?"  
"You should have told me what you knew."  
"My team. My rules. My decision."  
Tony shakes his head. "You really don't get it do you? It doesn't change anything. Ziva was talking about making choices but that's not right. I don't need to choose between E.J. and you or E.J. and the team. As long as I'm doing my job well and I am then my personal life is my business _whomever_ I'm dating. I _don't_ need you watching my six on that."  
Gibbs stands and walks over to where the tool has landed. He picks it up then returns to the bench and resumes work.  
"Boss?"  
"Okay."  
"Okay? What does _that_ mean? We agree to disagree? You're apologizing? What?"  
"You think what you think. I think what I think. We keep working together."  
GIbbs stares hard at him and Tony matches it perfectly.  
"Oooo-kay. Good talk." DiNozzo climbs the stairs as Gibbs watches him leave.  
"Damn."

Squad Room. A few weeks later.

"See you Gibbs. It's been real."  
"Come back any time special agent Barrett."  
"Maybe I will." She smiles and walks over to the elevator to join Cade. As they leave Ziva enters the bullpen and sits at her desk thinking only of Ray's just declared promise.  
"Going to see Vance. I want those case reports finished this morning." The three agents nod as Gibbs heads for the stairs. A short while later he walks back into the bullpen glaring at each agent in turn before his stare stops on DiNozzo. The hairs on the back of Tony's neck stand to attention as a couple of thoughts flicker across his mind.

 _Does Gibbs know about the two phone calls from SecNav Jarvis? I thought the mission was being kept classified. Don't think even Vance knows yet. Maybe he found out I have a meeting with the Director..._

Gibbs' volume is so low Tim and Ziva have to strain to hear.  
"You will be team leader for the next week special agent DiNozzo."  
"Huh. I mean why...?"  
"Mandatory training. Appropriate workplace dynamics especially in relation to male/female and older/younger colleague interactions. " He spits out the words.  
Tony almost grins but catches himself in time. "And where will _you_ be whilst we undertake this training?"  
"It's not the team. Director Vance has ordered _me_ to have the training and some counselling as well. For the first part I'll be gone a week. He said concerns have been expressed about my _attitude_. Did _you_ do this DiNozzo?"  
"No. Definitely not."  
Gibbs glares at him then looks over at the space recently vacated by E.J. and her team. "Did special agent Barrett?"  
"No. She wouldn't. E.J.'s not the vindictive type. Besides she just wants to move on. Are we good Boss?"  
Gibbs nods then grunts. He walks over to his desk and takes out his gun and creds before striding from the room. "Going for coffee."

Ziva smirks. "Do you think he will attend?"  
"I don't see how he can get out of it. I mean it was an order from the Director." Tim replies staring intently at his computer monitor.  
"But he's Gibbs. I wonder who expressed those concerns."  
"Someone _very_ brave and _very_ right. I doubt we'll ever know." Tony replies as he resumes typing.  
"I need to see Abby." Ziva rises from her desk and walks out of the bullpen.  
DiNozzo and McGee work on in silence for a moment.  
"Hey probie. I won't tell her but E.J. and many agents past, present and future thank you as do I."  
"You're welcome senior field agent DiNozzo. How did you know it was me?"  
"I'm a special investigator. It's what I do."  
The two friends smile at each other and with that life in the bullpen begins to return to normal or a least as normal as life can ever be for the agents on Team Gibbs as part of the Naval Criminal Investigative Service.


End file.
